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CRIM. CASE NO. 08-259544

Philippines
UNODC No.:
PHL032
Decision/Verdict Date:
2012-07-16
Sentence Date:
2012-07-16
Author:
UNODC
Court:
Regional Trial Court, Manila

Keywords

Form of Trafficking:
Internal
Acts:
Recruitment
Trafficking in Persons Protocol:
Article 3, Trafficking in Persons Protocol
Purpose of Exploitation:
Exploitation of the prostitution of others or other forms of sexual exploitation
Sector in which exploitation takes place:
Commercial sexual exploitation

Procedural Information

Legal System:
Mixed System
Latest Court Ruling:
Court of 1st Instance
Type of Proceeding:
Criminal

Victims / Plaintiffs in the first instance

Victim:
L.A.B.
Gender:
Child
Age:
16
Victim:
H.F.

Defendants / Respondents in the first instance

Defendant:
Francis Garcia Y Raguine
Gender:
Male

Fact Summary

L.A.B. met with the accused who offered her to have paid sex with Japanese customers for PHP 5,000 each. By the promises of helping her to become a famous model in the future, L.A.B. agreed. She had sex with at least two customers a day, and she was even impregnated by one of the customers. They were all apprehended by the NBI agents, after L.A.B.’s friends had contacted them.

Charges / Claims / Decisions

Defendant:
Francis Garcia Y Raguine
Verdict:
Guilty
Charge / Claim:
Trafficking in Persons
Legislation / Statute / Code:

Section 4 (a) of Republic Act No. 9208

Section 4. Acts of Trafficking in Persons. – It shall be unlawful for any person, natural or juridicial, to commit any of the following acts:

(a) To recruit, transport, transfer, harbour, provide, or receive a person by any means, including those done under the pretext of domestic or overseas employment or training or apprenticeship, for the purpose of prostitution, pornography, sexual exploitation, forced labour, slavery, involuntary servitude or debt bondage.

Term of Imprisonment:
20 years
Compensation / Payment to Victim:
Yes  60000  PHP  (Up to 10,000 USD)
Moral damages of PHP 20,000, compensatory damages of PHP 20,000 and exemplary damages of PHP 20,000
Fine / Payment to State:
Yes  1000000  PHP  (10,000-50,000 USD)  
Legal Reasoning:

The Court noted that there had been some inconsistencies in L.A.B.’s testimony, however, these were not substantial to affect her credibility. The Court further stated that no improper motive of L.A.B. to testify had been shown, and therefore the Court gave full faith and credit to L.A.B.’s testimony.

The Court held that the prosecution was able to establish the guilt of the accuse beyond reasonable doubt. It was evident that the accused had sexually exploited L.A.B.

Sources / Citations

CRIM. CASE NO. 08-259544

Attachments